founded upon the title to property in mining claims, or to the rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made. SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed1. 1 Approved Nov. 5, 1866. § 175. Jurisdiction.-SEC. 1. The district courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxiliary lands, and the registry and denouncement of the same, and all the jurisdiction, power and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell code, entitled “Of the registry and government of mines and mineral deposits," or otherwise, are hereby conferred upon the district courts and district judges respectively. SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the other provisions of said chapter, conferring jurisdiction upon the probate courts and probate judges, over suits and proceedings relating to mines, mineral and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act. SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending. SEC. 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed, said suits and proceedings shall be proceeded with as though commenced in said district courts; Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed as aforesaid within thirty days after the appointment of said clerks and their acceptance thereof.1 No action in regard to mining claims shall be maintained before any justice of the peace. 1 Approved Dec. 30, 1865. § 176. Soldiers to hold claims.-SEC. 1. All persons in the military service of the United States or this territory shall be allowed to locate claims on mineral lodes or veins in the limits of this territory, subject to the requirements of the mining laws of this territory, and shall be protected in the possession of the same, and shall have the same rights in all respects, in regard to such claims, as like persons not in the military service. SEC. 2. All the laws of any mining district contrary to the spirit and provisions of this act are declared to be null and void, and shall not be evidence in any court having jurisdiction of mining suits in this territory.1 1 An act allowing all persons in the military service of the United States and of this territory to hold mining claims. proved Nov. 9, 1864. Ap § 177. Placer mines and mining.-SEC. 1. It shall be lawful for any person, company, or association who shall place upon the mineral lands of this territory com monly called placer mining grounds, a pump or pumps, having a capacity sufficient to raise at least one hundred gallons of water per minute, with an engine or other power attached thereto, of sufficient power to work the same, with the bona fide intention of working the said placer grounds for the purpose of extracting the gold therefrom, to locate an amount of said placer grounds equal in extent to one quarter section, in such form and direction as he or they may elect; Provided, That said location shall in no case be more than one mile in length, nor less than one-quarter of a mile in width; and, Provided, That said machinery shall be used at least three months in each year for raising water to extract the gold from said grounds, and the presence of said machinery upon said grounds shall be the only evidence of title to said grounds; but in no case shall this act be so construed as to mean placer grounds which can be worked by water brought in ditches or flumes from any stream or other deposit of water; and said locations shall not in any case be made upon any grounds in the possession of any miner or miners at the time of location. SEC. 2. This act shall only apply to the county of Yuma.1 1 Act approved Dec. 30, 1865. II. CALIFORNIA. SECTION 178-Possession and possessory actions. 179-Protection of growing crops from injury by miners. 180 Jurisdiction of actions. 181-Customs, usages, and regulations. 182-Limitation of actions. 183-Foreign miners. 184-Mining corporations. 185-Same-Inspection of books-Penal provisions. 186-Assessment of stock, etc. 187-Canal, etc., companies. 188-Change of place of business-Transfer agencies. SECTION 189-Assessment and sale for non-payment of stock of corporations generally. 190-Amendment of articles of association. 192-Protection of stockholders in mining corporations. 193-Mining partnerships. 194-Conveyance of mining claims. 195 Sale of decedents' interest in mines. 196-Sale of state mineral lands. 197-Liens. 198-Taxation. 199-Easements-Right of way. 200-Water rights. 201-Police regulations-Protection of miners. 203-Fixtures. CALIFORNIA.1 § 178. Possession and possessory actions.-By an act of the legislature 2 it was provided that occupancy of public lands, except mineral lands, could maintain an action against trespassers. This act was repealed by act of April 20, 1852,3 which provided that settlers upon the public lands for the purpose of cultivating or grazing the same, might maintain actions for interference with or injuries to their possession; provided, that where such lands contained mines of any of the precious metals the possession for agricultural or grazing purposes should not preclude the working of said mines. 1 The manner of locating claims, defining boundaries, recording, etc., seems to be governed entirely by district regulations, except as affected by acts of Congress. 2 Stat. 1850, p. 203. 3 Stat. 1852, p. 158. § 179. Protection of growing crops from injury by miners.1-By a subsequent statute it is provided in Section one that in mining no person shall destroy or injure growing crops, nor undermine or injure any building, improvement, or fruit trees growing or standing upon mineral lands, and the property of another, except as provided in the act. Section two provides that any one desiring to occupy such public land in the possession of another, occupied by such crops, improvements, or trees, shall first give a bond to the owners of the crops, improvements, or trees, to be approved by a justice of the township, with two or more sureties in a sum to be fixed by three disinterested citizen householders of the township, one to be selected by the obligor, one by the obligee, and one by the justice, conditioned that the obligor shall indemnify the obligee for all damage to such improvements, crops, or trees resulting from the proposed mining operations. Section three declares a violation of either of the preceding sections a misdemeanor punishable by fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment, with the proviso that such mineral lands may be worked by miners after the crops are harvested. 1 Stat. 1855 p. 145. $ 180. Jurisdiction of actions.-Except in San Francisco, justices of the peace were by statute clothed with jurisdiction of actions to determine the right to mining claims.1 This was subsequently amended so as to give them jurisdiction "of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages do not exceed two hundred dollars." 2 By a subsequent statute 3 it is provided in Section sixty-three that upon the application of plaintiff in such actions the justice may appoint a receiver of the proceeds of the mine, pending the action. This section is amended by a later act, wherein the provisions of the amended statute are substantially embodied, with the additions that the application may be by the party out of |